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McDonald v. Fett

Supreme Court of California
Oct 1, 1874

         JUDGES: Niles, J. Mr. Justice Rhodes did not express an opinion.

         OPINION

          NILES, Judge

         By the act of signing an attachment bond, the surety does not become a participant in the seizure or detention of the attached property by the Sheriff, or liable as a trespasser for such acts. His liability arises under his contract merely, and is limited by its terms and conditions.

         Judgment affirmed.